The present invention relates generally to dispute resolution and more specifically relates to a system for providing complete non-judicial dispute resolution management and procedures.
There are numerous conventional means whereby parties involved in a legal dispute may attempt to resolve such dispute, or settle the case. These means include, for example, using the public court system (including small claims court), or non-judicial dispute resolution. However, the public""s confidence in the court system seems to have deteriorated over the years. Moreover, the time required to bring a dispute to resolution has become inordinately long. Finally, and perhaps most import of all, the costs associated with a litigation are very high and, in many cases, discourage a legitimate complainant from seeking redress. Consequently, parties and, thus, the legal community have continuously sought to find xe2x80x9ca better wayxe2x80x9d to resolve disputes than through the courts.
In the age of computerization, attempts have been made within the legal community to streamline handling of disputes on behalf of claimants. For example, U.S. Pat. No. 5,956,687 to Wamsley, et al. discloses a technique for computerized management of a plaintiff""s personal injury case. The technique includes establishing works reflective of each phase of a personal injury claim, including a pre-negotiation phase, a technique to generate a demand letter and calculate settlement amounts based on information gathered in the record during handling of the claim. However, the Wamsley, et al. xe2x80x9cPersonal Injury Claim Management Systemxe2x80x9d does not provide an architecture for operation and management of non-judicially handled claims, and, thus, is sorely bereft of the capacity to service a significant number of disputes arising in our society. (In the context of the present invention, xe2x80x9cnon-judicialxe2x80x9d means originated and/or handled outside of the court systemxe2x80x94although a court may be involved at some point in the dispute, e.g., to sign a document, order implementation, etc).
In recent years the attempt to bypass the judicial system has resulted in systems and organizations to settle cases without going to court. As part of procedures developed to carry out settlement, parties have been offered the ability to have a dispute mediated, usually by a third party who can be referred to as a mediator. Mediation permits each party to tell its story and even propose a settlement figure when appropriate (which can be made known or kept secret by the mediator).
Another method of resolving a dispute outside the courts is by arbitration. Arbitration can be carried out by a single arbitrator or by a panel of arbitrators. The procedure used for arbitration can be somewhat complex, depending on the rules of arbitration agreed to by the parties. The level of participation by a mediator or an arbitrator (or panel of arbitrators) can vary widely depending on the scenario selected by the parties. Generally, this rather wide range of unspecified possibilities has been referred to as alternative dispute resolution (ADR).
As part of ADR, or adjunct thereto, parties have, from time to time, participated in blind-bid scenarios which mean that each party to a dispute submits a bid without the other party(ies) knowing its bid. The bids are evaluated with a view to settling the dispute. If the bids are sufficiently close or fall within a pre-arranged relationship, the dispute can be settled. If not, additional bidding can be provoked. Bid reception and evaluation can be effected by a judge, a mediator, an arbitrator, or even electronically. See, for example, U.S. Pat. No. 5,7615,269 to Micali, which describes an electronic communications method for resolving a transaction when bids from at least two parties come within a predetermined relationship. Similarly, an on line dispute resolution company, CyberSettle.Com Inc., has made available a web site which accepts three (3) bids from each party, compares the bids to determine whether they are within an agreed-upon range, and reports settlement or provokes a xe2x80x9clast chancexe2x80x9d bid.
In any event, even use of the extensive array of non-judicial dispute resolution techniques can prove to be unwieldy and/or cost-ineffective, especially from the perspective of an organization such as an insurance company and/or claims department and/or law firm which handles many (and varied) disputes on behalf of one or more parties. Non-judicial dispute resolution includes so many possible procedural schemes that it unduly complicates standard claim handling in a traditional judicial agency such as those enumerated in the previous sentence. Thus, there is a tremendous need for providing a system whereby a complete array of non-judicial dispute resolution techniques are simultaneously made available and managed.
The present invention is a unique system which enables adverse parties to conduct and manage a full array of non-judicial dispute resolution. The present invention includes an electronic architecture which receives, sorts, and stores data related to non-judicial dispute resolution. This architecture enables implementation and management of a full range of non-judicial dispute resolution procedures between two or more adverse parties to a dispute. xe2x80x9cFull range of non-judicial dispute resolution proceduresxe2x80x9d includes bid-style negotiations, mediation, and arbitration.
The system can be accessible electronically via wired and/or wireless communications, and is preferably accessible via the internet. In one particular embodiment, the system is accessible over the internet via a link provided in a web site of another entity. When wireless communications is used for access, any viable frequencies available from the electromagnetic spectrum can be used, e.g., radio frequency, microwave, UHF, and other frequencies.
The architecture itself includes a management module, configured to receive, sort and store dispute resolution data and to provide internal continuous compilation of such data and new data generated during non-judicial dispute resolution procedures.
The architecture also includes a reckoning module connected to and/or electronically associated with (e.g., including a computerized relationship) the management module for receipt of dispute resolution data, and is designed to implement a selected resolution procedure and to transmit to the management module new data generated during a resolution procedure.
The system can be accessed in response to the biographical data input by at least one of the parties. The biographical data can include personal and/or organization-identification information and/or one or more of an account number, username, a password, etc., and can be verified by the system.
In one embodiment, the access is a tiered leveled access having at least a program manager access and a program user access. The program manager access can include a plurality of selectable actions such as, for example and not limited hereby, adding users, modifying existing user data, transferring active cases from one user to another, activating users, modifying account registration data, browsing all disputes, generating detailed dispute reports, generating summary reports of disputes, browsing dispute resolution cases, as well as other actions which are used by a manager of non-judicial dispute resolutions, and any combination of one or more of the foregoing. The management module can provide relevant data to a program manager in response to an appropriate signal selected by the program manager.
In the case of program user access, a plurality of selectable options can be made available such as, e.g., adding a dispute, responding to a dispute, browsing disputes, generating dispute reports, generating summary reports, as well as any other options required by a case manager of a dispute and any combinations of one or more of such options. Other options can be included and the possibilities are not limited by those set forth above. The management module provides relevant data to the program user in response to the options selected by the user.
A further aspect of the present architecture is an administrative personnel access which enables required administrative personnel to select from one of a plurality of selectable choices. Such choices can include, but is not limited to, informing the parties of disputes submitted to the system which request their response, informing users of settled disputes, marking disputes active, generating prior dispute lists, generating activity reports for the system, providing billing information, generating summary reports for any or all accounts within the system, generating audit reports to ensure that the system is functioning properly, and any other choices required of an administrative personnel, and any combination of the foregoing. The management module provides relevant data to the administrative personnel in response to one or more of the choices selected by such personnel.
The management module of the present invention can also provide operational support to be used in connection the non judicial proceeding(s). For example, the system can provide reporting services in the event the proceedings require such services, e.g., in the event mediation or arbitration proceedings requiring a xe2x80x9crecordxe2x80x9d are used. The reporting services can be called upon for both on-line and off-line proceedings, and can include stenographic services, and all types of electronic reporting services such as audio, video, etc.
Another operational support available in the present invention is translation services and/or interpretation services. This support can also be rendered on-line or off-line, and can be made available for all types of non-judicial proceedings and possible in the present system.
Yet another operational support provided in the management module of the present invention is a vast array of structure settlement arrangements. For example, and are not limited hereby, a settlement arrangement can be structured for a pay out over time and/or fully funded by a third party (e.g., lending institution, factor, etc.). Moreover, the structured settlement feature of the invention can be made available at any time before, during, and/or after the non-judicial resolution proceeding(s).
The architecture also provides to the user a xe2x80x9csettle-onlyxe2x80x9d access. xe2x80x9cSettle-onlyxe2x80x9d access enables a party to a dispute to access the system for purposes of only attempting to resolve that dispute via the system and does not allow access to the management capabilities of the system. However, all data input by a xe2x80x9csettle-onlyxe2x80x9d user is routed through the management module for proper storage of data. Therefore, in response to settle-only access by a user, the management module provides relevant data to the reckoning module. Moreover, the system displays only the relevant data to a settle-only access user.
The architecture of the present invention further includes a claims-data storage and retrieval system which retains data relating to non-judicial dispute resolution and enables retrieval of data by category. The categories in the retrieval system include, but are not limited to, description of the nature of the dispute, settlement amount, venue, type of injury, body part injured, sex, age, occupation, geographical data, and any combination of one or more of the foregoing categories, and any other information capable of being stored in a data bank in an electronic system, e.g., computer system. Preferably the storage and retrieval system data is confidential.
Once the mode of non-judicial dispute resolution is selected, the management module provides relevant data to the reckoning module in response to the selection by one or both of the parties. When the resolution procedure is a bid-style negotiation, one or both of the parties can select either a xe2x80x9cblind bidxe2x80x9d or an xe2x80x9copen bidxe2x80x9d type of negotiation.
A profile prompter prompts a party selecting a dispute resolution procedure to indicate whether or not it is a plaintiff and/or defendant. The responding party also provides information in response to a prompt indicating the profile of the responding party. Depending on who the party is, i.e., plaintiff or defendant, the party then provides either a demand (as a plaintiff) or an offer (as a defendant). xe2x80x9cDemandsxe2x80x9d and xe2x80x9coffersxe2x80x9d and xe2x80x9cbidsxe2x80x9d as used herein can include any matter which can be construed as xe2x80x9cconsiderationxe2x80x9d sufficient to support a promise or a contract. Consideration is something of value, e.g., an advantage, however slight, to one party, or an inconvenience, even though trifling, to one party. Consideration (considered as a proffer synonymously herein with xe2x80x9cbid,xe2x80x9d demand,xe2x80x9d and xe2x80x9cofferxe2x80x9d) can be, but is not limited to, monetary and non-monetary assets, ownership rights, personal rights, custody rights, liability and percentages thereof, etc.
Furthermore, the reckoning module preferably provides a pre-selected criteria for comparing the demand and the offer to determine whether or not the dispute can be resolved. If the pre-selected criteria is satisfied, the system can send a notification to the plaintiff and/or defendant of resolution.
Of the pre-selected criteria, the system can resolve the dispute for the value of the demand if the value of the demand is less than or equal to the offer, or, for the average between the demand and the offer if the demand is within a pre-selected percentage of the offer. For example, a pre-selected percentage range can be from about 5% to about 35%.
The system can also ask that the defendant provide a high value and low value to establish a resolution range. In this case, the dispute can be resolved for the value of the demand if the demand is between the high value and the low value of the range, or, for the low value of the resolution range if the demand is equal to or less than the low value. In this case, the low value can be a fixed value whereas the high value can be a changing value.
Other non-judicial dispute resolution procedures include on-line mediation and arbitration and off-line mediation and arbitration. On-line proceedings can be real time such that all parties and a mediator(s) or arbitrator(s) are in communication simultaneously. On-line proceedings are not limited to a real time scenario, and can be conducted via a format which permits delayed responses. Such formats can include, but are not limited to, chat room(s), bulletin board(s), etc. Off-line proceedings can be xe2x80x9cin-personxe2x80x9d and xe2x80x9cnot-in-person.xe2x80x9d In all of the aforementioned proceedings relevant material, such as evidence, can be transmitted electronically, again via wire and/or wireless communication (each party can also submit material via mail, delivery service, courier, etc.). Moreover, all or even a portion of the proceedings can be conducted via video transmission.
As the resolution procedure progresses, the reckoning module transmits new dated generated to the management module for compiling, sorting and storing. When the non-judicial dispute resolution procedure is a mediation, the management module provides relevant data to a mediator in response to a mediation selection. The mediation can be real-time on-line mediation wherein information (evidence or otherwise ) can be transmitted to the mediator electronically, e.g., by fax, by phone, video, and by computer (e-mail) when available, etc. When the mediation is off-line, at least some of the necessary information can be transmitted on-line by the same modes set forth above.
Similarly, when the non-judicial dispute resolution procedure is an arbitration, the management module provides relevant data to an arbitrator, or a board of arbitrators, in response to the selection to arbitrate. When the arbitration is real-time on-line arbitration, information (which can include evidence) can be sent electronically by telephone, fax, video and via computer (e-mail) when available, etc. When the arbitration is off-line, at least some of the information can be sent on-line by electronic communications.
It should be fully noted, that the system provides the ability of the non-judicial dispute resolution in the present case to respond to an election by one or more of the parties to move to a different non-judicial dispute resolution procedure regardless of the one which is chosen first. The election to go to a different resolution procedure can be made, for example, because the first method chosen has not succeeded.
Thus, one or more of the parties can enter into a bid-style negotiation which may not succeed; advance to a mediated (on or off-line); and/or move to an on or off-line arbitration proceeding. This entire procedure can be conducted seamlessly, that is to say without re-entry of data previously provided. Moreover, by command of the parties, information relating to value of demands and bids can be kept confidential as the parties proceed from one resolution procedure to another. Consequently, a case manager can take advantage of a full range of non-judicial dispute resolution techniques and have the ability to fully manage the case in each, and in all, of the different procedures selected.
While any fee structure can be provided for accessing and using the present invention, a preferred embodiment contemplates a fee structure which financially encourages each of the parties to resolve the dispute. One such structure requires each party to pay a certain amount to participate in the resolution proceeding(s). Thus, the plaintiff must pay a fee for submission of each demand and the defendant must pay a fee for submission of each offer. These fees can also be graduated to correspond to the financial magnitude of the dispute, e.g., a xe2x80x9cdog bitexe2x80x9d case to a serious injury or even a death case. A variety of schemes can be employed, but this feature of the invention financially rewards resolution and financially penalizes non-resolution by fee structure.
The present invention also includes separate aspects of the system which are unique to managing and conducting non-judicial dispute resolution, such as the system for managing the non-judicial dispute resolution separately (another aspect of it is the electronic architecture for managing non-judicial dispute resolution). Furthermore, the present invention includes the concept of maintaining an on-line real-time updated database for managing non-judicial dispute resolutions which includes the management module configured as described above, e.g., to receive, sort and store dispute resolution data and to provide internal continuous compilation of the data into searchable records. This management module can be updated in response to changes or additions to said compilation of data.
Other aspects of the present invention include, separately, a system for managing non-judicial dispute resolution which includes an electronic interface along with multiple types of access to an electronic architecture as described hereinabove.
The present invention also includes a method of managing non-judicial dispute resolution by providing and maintaining an electronic interface having multiple types of access to an electronic architecture as fully described hereinbefore.
Another aspect of the method of the present invention includes managing non-judicial disputes by providing an accessible architecture set forth above, receiving dispute resolution data from one or more of the parties, storing the data and prompting the parties to implement the full range of non-judicial dispute resolution procedures as also described hereinbefore.
The present invention also includes a method of managing non-judicial dispute resolutions by accessing an architecture having non-judicial dispute resolution data stored therein and retrieving data relating to the dispute, reviewing the stored data to determine if an action is needed, and selecting a plurality of selectable choices and action to be performed with respect to the data.
As a result of the present invention, disputants are able to call upon a full range of dispute resolution techniques without the necessity of engaging in the judicial process. Tremendous advantages are available as a result of this new innovation.
For example, parties no longer are required to avail themselves of the services of counsel. This advantage reduces significantly the cost associated with resolving disputes. Furthermore, in the event the parties do not retain attorneys, at least two additional personalities to the emotional and psychological mix of a dispute would be eliminated, thereby reducing the time usually associated with resolving a dispute.
Another advantage realized as a result of the present invention is that organizations charged with the duty of resolving disputes, e.g., insurance companies, claims departments, law firms, etc. are now able to manage and conduct non-judicial dispute resolution without the necessity of having to provide a complete on-site installation of a non-judicial case management infrastructure. Such infrastructure usually includes docketing systems, electronic (e.g., computer) tracking and reminder systems, etc. The present invention also reduces the need for personal communication between advocates which are required in the absence of such a non-judicial dispute resolution system.
Another advantage of the present invention is the ability to actively negotiate a high volume of cases in a short period of time the present invention virtually eliminates the need to retrieve and review individual xe2x80x9chard copyxe2x80x9d files of cases.
Thus, applicants have described what are believed to be some of the advantages of the present invention, but other advantages will be realized in view of the following detailed description and drawings provided hereto. The scope of the invention is set forth in the claims which follow the detailed description.